11 ways to get the power back to tenants

pyueck

prudryden wrote: »

In reference to point 1 of your post whereby you state that "unfair terms are not legally binding." May it be noted here that an unfair term in a signed contract is binding, lawful, and enforceable - unless and until a Court deletes it or Parliament outlaws it. Other than that, your points make interesting reading.

Why do people question legal points when they don't know the facts! Look at 1.14 of OFT guidance on unfair terms in tenancy agreements. 'Because unfair terms are legally unenforcable against consumers, it is in the landlords interest as well as the tenants' that the terms should be fair.'.

Fire_Fox

Can we please use the 'Debate House Prices & The Economy' and 'Discussion Time' boards for trolling and keep this forum for guidance and support?

prudryden

A court still has to declare the term unfair and unlawful. A court may not agree with the OFT. Until such time, it is binding and enforceable. An unfair term is not on its own unlawful. I think it is unfair that a bank charges more interest on a rented flat than on a residential flat, but until a court rules otherwise, one has to pay the higher rate. I even had a bank executive explain to me that the reason for the higher rate is only because the bank wants a piece of the action.

david29dpo

Can we have the same for bad tenants please?

pyueck

prudryden wrote: »

A court still has to declare the term unfair and unlawful. A court may not agree with the OFT. Until such time, it is binding and enforceable. An unfair term is not on its own unlawful. I think it is unfair that a bank charges more interest on a rented flat than on a residential flat, but until a court rules otherwise, one has to pay the higher rate. I even had a bank executive explain to me that the reason for the higher rate is only because the bank wants a piece of the action.

This is simply not correct. There is clear legislation which states what is an unfair term http://www.opsi.gov.uk/si/si1999/19992083.htm. The burden of proof is on the supplier to prove it is fair, and until then it is unenforcable, whether with or without a court ruling.

You are right in saying that sometimes the interpretation of the law is subject to dispute between the OFT and retailer, i.e. bank charges, but this doesn't change the fact that if a rule is unfair it is unenforcable.

prudryden

The legislation is there but it still depends on a court stating that the particular term one refers to is unfair and unlawful, not just unfair because you don't like it. Until such time, it is still binding and enforceable. If the contract was fully explained and negotiated and a LL and tenant agreed and signed it, then both would probably be bound to that contract.

FATBALLZ

kmmr wrote: »

All this on the assumption that you never want to rent again as I can't imagine you will get a brilliant reference!

Ah the landlord reference, what a joke. You actually think it means something and people don't just put their mate's phone number down if their last landlord was a sack of !!!!. Just another way egotistical landlords get ideas above their station.

Imp

prudryden wrote: »

In reference to point 1 of your post whereby you state that "unfair terms are not legally binding." May it be noted here that an unfair term in a signed contract is binding, lawful, and enforceable - unless and until a Court deletes it or Parliament outlaws it. Other than that, your points make interesting reading.

Not quite, an unfair term is not binding on the consumer, the only problem is we don't know which terms are unfair. We can only use the definitions in the legislation to identify potentially unfair terms. A court will then decide whether the term is unfair.

So we only know whether or not we have to comply with a term until we haven't complied with it and it has been tested in court.

N79

Don't feed the troll: or alright then.

pyueck wrote: »

Here are 11 helpful tips for tenants who are having problems with their landlord and agent. They are practical things that are proven to get results, and keep the landlord and agent out of your pocket.

1) Before you agree to anything, sign anything, pay anything agree you are liable for anything get advice. It amazes me how many landlords and agents use tenants lack of knowledge on the law to get away with blue murder. In my opinion Shelter offers the best advice on tenant law and is totally free. Remember though just because you sign something, it doesn't make it legally binding if the term is unfair.

Agree totally. I even state on the cover page of my tenancy agreement in large, bold letters, that it is a binding contract and the T should take advice!

2) Get to know your legislation. Unfortunately a lot of people on this board criticise me, possibly because they like their agents skewed version of the law. Reading legislation while not always fun, is the best way of actually understanding your rights. Yes they are long but the contents sections come in very handy. In my opinion the most useful legislation for tenants is the landlords and tenant act 1985 http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1985/cukpga_19850070_en_1 and the housing act 2004 http://www.opsi.gov.uk/acts/acts2004/ukpga_20040034_en_1. Also, although its not statute the OFT guiide on unfair contract terms in tenancy agreements is a must read. It demolishes a lot of what agents will say, look at what it says on professional cleaning and non refundable deposits for example. http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf

Agree

3) Get your agent in trouble. Find out if they are members of the redress scheme as per http://www.oft.gov.uk/news/press/2008/104-08. If they are not contact trading standards, and see the look on their face when their fine comes through :beer:

1. They are not your agent.
2. Applies to property sales not lettings (see the amending schdule changes to section 23C of the The Estate Agents Act 1979 so this is not relevent.

4) Don't sign the inventory! Why sign something that is never in your interests to sign. The agent will probably say it will self sign if you don't sign it within a certain time. It wont. Without a signed inventory it is practically impossible for a landlord to ever deduct your deposit for damage, or so called damage.

Provacative and unworkable - LL's will simply add the inventory to the tenancy agreement and sign at the moment of starting occupation. Much better would be to look at repairing obligations generally.

5) Call in the Enviromental Health Officer. If there is damp, rats, cockroaches, if your landlord isn't taking you seriously call round the Environmental Health Officer and let them do their magic.

Agree

6) If the agent wants you to do something, charge them the same admin fee as they will charge you for doing something. If a contract states that you have to pay for the agent to do something, but they wont pay you for doing likewise it is unfair under Unfair Terms in Consumer Contract Regulations. This is because a contractual term is unfair if "Contrary to the requirement of good faith it causes a significant imbalance in the parties' rights and obligations under the contract, to the detriment of consumers. " This legislation applies to tenancy agreements. You can also use this to charge the landlord if they want to change the terms of the contract, or wants to end the tenancy agreement early (and you are happy to leave).

Sometimes what looks like an unfair term is not, in fact, unfair - cf bank charges which a court ruled were fair.

7) Remember the landlord is responsible for the structure of the property, electrical appliances, sanitory units and gas appliances. Unless the landlord can PROVE you acted in a non tenant like way, don't pay. If he wont do the work, send the landlord a recorded letter to say it needs doing, if he doesn't act get two quotes and send the landlord copies, if he still doesn't do it do it yourself and deduct the money from your rent, plus any admin charge the agent would charge.

Agree except LL is not responsible for repairing / replacing electical applicances (only the installation up to and including the plug sockets / wiring point. See S11 of the LL and T act 1985.

8) If all else fails go into the agents office at a busy time and complain loudly and refuse to leave. Magic!!

9) Don't be fooled by end of tenancy inspections. The landlord and agent will try and make out they are authorative rulings on how much to deduct from YOUR deposit. They are legally meaningless, unless the agent can prove you left the place in a condition worse than when you moved in. Think what they are, completely untrained people, who are completely not independant saying what is and what is not fair to deduct from your money. Take no notice of what they say and either go to court or arbitration.

Agree

10) DON'T GO TO ARBITRATION!!!!! Landlords love arbitration. Why because they allow them to try and con tenants out of money at no cost to them. Don't allow them to do it. If their claim is spurious threaten them immidiately with a small claims court plus costs. If it is spurious the judge will award you costs and possibly some lovely damages. Landlords hate court, no matter what anybody says on this board.

I dont know why you think LLs love arbitration. I would never use it. Court is for solving disputes!

11) Look out for a S21 at the start of the tenancy. This will effectively mean once 6 months is up you could be out on the streets. If you see one rip it up. If they send you one phone them up and ask why. If you think one is on the way don't sign any recorded post that comes to your house, as it is not served if returned.

Fortunately deposit legislation has removed nearly all such S21 notices as they are just not valid until the deposit is protected. However, I agree that such notices are wrong.

talulahbeige_2

pyueck wrote: »

I don't think all landlords are bad, I want tenants to be protected from the bad ones and to stand up for themselves
QUOTE]

I had a semi decent LL, at first they did the maintenance that was required. When they stopped doing the maintenance that was required for Health and safety reasons i stood up for myself.
The outcome you ask?

I was given notice to leave as the LA told the LL that it was either kick us out or they would terminate their agreement with the LL as we were threatening to take the LL to court!! We weren't, we couldnt have been as there want anything to take them to court for, all we wanted was the dangerous floor fixing and we said we would take advice and get quotes with a veiw to deducting costs from rent. The LL believed the LA.

The LA's reason for manipulating the situation? We looked after the property too well and stuck up for what we were entitled to and they didnt like it as it caused them more work!

The LA in question?
Hendys in Chapel Allerton, Leeds - run by an old woman who employees old women who seem to have convinced most of the general public that as they are old women they are honest! There not!